Modification: Uber Technologies v. Google

UBER TECHNOLOGIES, INC.

Plaintiff and Respondent,

v.

GOOGLE LLC,

Defendant and Appellant.

No. A153653

(City & County of San Francisco

Super. Ct. No. CPF-17-515960)

California Courts of Appeal

First Appellate District

Division Three

Filed October 25, 2018

Trial Judge: Honorable Harold E. Kahn

Counsel

Keker, Van Nest & Peters, Robert A. Van Nest, Dan Jackson, Jo W. Golub, W. Hamilton Jordan, Rachel E. Meny, Thomas E. Gorman for Defendant and Appellant.

Boies Schiller Flexner, Meredith R. Dearborn, Juan P. Valdivieso, Hamish Hume, Jessica Phillips for Plaintiff and Respondent.

Goodwin Procter, Andrew S. Ong for Real Party in Interest, Andrew Levandowski.

Taylor & Patchen, Karen S. Dhadialla for Real Party in Interest, Lior Ron.

BY THE COURT:

It is ordered that the opinion filed herein on September 28, 2018, be modified as follows:

On page 15, in the paragraph commencing with the words "Next, Uber claims," the three consecutive sentences beginning with "The record shows" and ending with "scope of the indemnified claims" are deleted. The following sentence is inserted in its place: "The record shows Diligenced Employees were required to cooperate and make their devices available to Stroz as a pre-condition to the execution of the Put Call Agreement and as a means to determine the scope of the indemnified claims."

The petition for rehearing filed October 15, 2018, is denied. There is no change in the judgment.

Date: October 25, 2018

SIGGINS, P.J